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(영문) 대구지방법원 김천지원 2021.02.18 2020고단797

특수절도등

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendants are legal marital relations.

1. From December 24, 2018, Defendants: (a) around 13:21 on December 24, 2018, 119,00 won of food totaling KRW 119,00 won of the market price as stated in the “E” managed by the victim D, which had been displayed there, included 2 fact-findings equivalent to KRW 60,000 of the market price; (b) 1 fact-findings of pigs with the market price of KRW 17,000 of the market price; (c) 2 fact-findings of pigs amounting to KRW 17,000 of the market price; and (d) 1 fact-findings of KRW 19,000 of the market price as stated in the “E”; and (d) Defendant A moved the victim’s surveillance to a small place; and (d) calculated the total amount of food out of 17,000 won as stated in the separate sheet by 17,000 won of the goods.

As a result, the Defendants committed a theft of another's property jointly.

2. 피고인 A의 절도 피고인은 2019. 8. 24. 18:19 경 전 항과 같은 장소에서 전항과 같은 피해 자가 관리하는 시가 199,600원 상당의 후 디스 산양 분유 4개, 시가 57,500원 상당의 TS 샴프 1개, 시가 8,000원 상당의 원 샷 선 킬 미니 선 스틱 1개, 시가 20,000원 상당의 보풀 제거기 1개 등 시가 합계 285,100원 상당의 물품을 다른 물품들과 함께 카트에 담은 뒤, 피해자의 감시가 소홀한 곳으로 이동하여 피고인이 메고 온 흰색 가방에 위 넣어 숨기고, 다른 물품들 만 계산하고 밖으로 나오는 방법으로 절취하였다.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the police against D;

1. Each letter of thief confirmation and each letter of reimbursement, photograph related to this case, investigation report (the date of the crime committed by the victim, etc.), each investigation report (the date of the crime committed by the victim, such as CCTV, receipts, etc.), and CCTV photographs and CCTV photographs for each crime committed on August 19, 2019. < Amended by Presidential Decree No. 23958, Aug. 24, 2019; Presidential Decree No. 23748, Sep. 10, 2019; Presidential Decree No. 28158, Sep. 17, 2019; Presidential Decree No. 28170, Nov